Rent and Eviction -- Eviction order - Concession in High Court by landlord that tenant can retain shop by paying enhanced rent - Denial thereof - Contention of landlord not convincing as High Court clearly recorded submission made by counsel for the landlord stating that he has no objection for the tenant to retain the shop provided tenant pays enhanced rent of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate subsequent event whereby landlord agreed to sell the property in question in favour of tenant/defendant - However, agreement not signed by landlord on the basis of which amendment is sought - Amendment as such on the basis of alleged..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - Trust filed eviction petition through Managing Director through power of attorney holder - Amendment sought whereby power of attorney holder claiming that he was the landlord independently - Amendment sought after seven years of filing of petition and when petition was pending for tenants..........
Rent and eviction -- Arrears of rent - Non deposit of lawful rent by tenant - Eviction order passed - No interference warranted...........
Civil Procedure Code, 1908, Order 15A(A -- Rent and eviction - Relationship of landlord and tenant denied - Question of pressing into service O.15-A CPC does not arise...........
Madhya Pradesh Accommodation Control Act, 1961, Section 13 -- Eviction - Default in payment of rent - Protection against eviction u/s 13(5) of the Act - Available to tenant only if he regularly pays rent after suit is filed - It does not confer power on Court to condone defaults in payment of rent after suit is filed...........
Rent and eviction -- Bona fide requirement - Comparative advantage and disadvantage - Court has to take into account, while comparing the advantages and disadvantages of the respective parties the interests of the person for whose benefit the house and shop is held whether he being landlord or tenant - Law leans in favour of the person to whom the greater inconvenience and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - To run a joint business of grocery by landlady and her husband - Requirement is presumed to be bonafide and genuine - Merely because landlady has two shops, tenant is not to dictate as to how landlady is to adjust herself - Tenant rightly evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - To run a joint business of grocery by landlady and her husband - Dependency of husband - Husband of landlady is pensioner from a bank - Due to high rates of inflation, husband is said to be dependent upon her wife - Tenant held, rightly evicted...........
Rent and Eviction -- Tenant is not to dictate landlord as to how utilize his properties and how to be squeezed in accommodation...........
